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Ordinance: 13193
File Number: 10-01138
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/23/2010
(4/5THS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13178, ADOPTED MAY 27, 2010, WHICH ESTABLISHED A
ONE -HUNDRED TWENTY (120) DAY TEMPORARY MORATORIUM ON THE
ISSUANCE OF BUSINESS TAX RECEIPTS FOR COIN OPERATED MACHINES
AND AMUSEMENT MACHINES, BY EXTENDING THE MORATORIUM FOR AN
ADDITIONAL THREE (3) WEEKS TO THE OCTOBER 14, 2010, CITY COMMISSION
MEETING; PROVIDING FOR A SEVERABILITY CLAUSE AND AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") currently issues Business Tax Receipts ("BTR") for Coin
Operated Machines; Amusement Machines (collectively, "Machines") pursuant to Chapter 12 and
Chapter 31 of the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, there has been a recent influx in the number of BTRs issued for operators of these
Machines; and
WHEREAS, there is currently no regulation in place for operators who obtain BTRs for these
Machines; and
WHEREAS, the influx on the number of Machines negatively affects the quality of life and general
welfare of the City's residents, businesses, and visitors; and
WHEREAS, a temporary moratorium will allow the City to determine if any regulations should be
put in place to protect the quality of life and general welfare of the City's residents, businesses, and
visitors; and
WHEREAS, the City has determined that it needs an additional three (3) weeks for amendments
to be considered for Chapter 12 of the City Code to include regulations for the operators of these
Machines including the payment of a regulatory fee, posting of a bond, and limitation on the number
of operators of such Machines in the City; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable
and in the best interest of the general welfare of the City and its residents, businesses, and visitors to
temporarily halt the issuance of BTRs for these Machines and the operators of these Machines and
extend the moratorium an additional three (3) weeks to the October 14, 2010, City Commission
meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miand Page 1 of 2 File Id. 10-01138 (Version: 1) Printed On: 8/8/2017
File Number: 10-01138
Enactment Number: 13193
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. There is imposed, during the time that this Ordinance is in effect, as specified in
Section 3 below, a moratorium on the issuance of BTRs for Machines and the operators of Machines.
Section 3. The moratorium imposed by this Ordinance is temporary and, unless repealed earlier
by the City Commission, shall automatically dissolve upon amendment to Chapter 12 at the October
14, 2010, City Commission meeting.
Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance is declared to be an emergency measure on the grounds of urgent
public need for the preservation of peace, health, safety, and property of the City of Miami.
Section 6. The requirements of reading this Ordinance on two separate days is dispensed with on
an affirmative vote of not less than four-fifths (4/5ths) of the members of the Commission.
Section 7. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{1 }
Footnotes:
{1} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id. 10-01138 (Version: 1) Panted On: 8/8/2017